Ask Officer Michelle – Question #517
Posted by RTribble
Hi Officer Michelle,
I am curious about laws regarding carrying a firearm. I know that i can carry my handgun on my own proprity like my home Place of buisness ETC. Im Currious about California ban on open carry in public I live in a mobile home park I know if i choose to I can carry my wepon on my belt in my home my backyard ETC. But what about the rest of the mobiel home park it is private proprity but not a “public place” only park residents and there guests are allowed inside. So my qustion is if i was fore exampale walikng to my community mail box and had my handgun in a holster on my hip would that be illegal? If not can the proprity manager tell me I cant carry it if i rent from him?
Dear RTribble,
On January 1, 2012, Assembly Bill 144 trumped the ability to carry an unloaded firearm in a public place. It is now a misdemeanor if caught carrying an unloaded firearm on your belt for the first offense.
You may still carry a firearm on your own property or in your own place of business for the purpose of protection. This doesn’t apply to other areas on private property. Once you leave the curtilage of your own property, the old law no longer applies.
Even with all of the rights to bear arms for protection purposes, there are still exemptions with some citizens possessing a firearm. Some of the exemptions include people who have been convicted of certain misdemeanors, certain firearms offenses, persons who are addicted to narcotics, those who have been arrested for domestic violence, and those who have been committed to a mental institution. You can look up all of the California gun laws by going to www.oag.ca.gov/firearms. There is a lot of information that may clear up any confusion or any questions you may have on the topic.
Take care,
Officer Michelle
Comment by Charles Nichols
Posted on April 2, 2012 at 12:57 pm
The curtilage of one’s private property which includes one’s front yard, back yard and driveway are considered by the California courts to be “public places” as far as enforcement of firearms laws are concerned.
If your private property is not completely enclosed by a fence sufficiently tall enough to obstruct members of the public from entering your private property, you can not openly carry a handgun on your property.
The barrier to the public can simply be a wrought iron fence 4 1/2 feet or taller in length. It does not matter if the public can see one openly carrying an unloaded firearm, the courts require instead that there be a significant barrier to entry of the property.
Similarly, one must also be extra careful if he lives or is located within 1,000 feet of a K-12 public or private school. An RV or Camper, even in one’s driveway is considered to be a “public place”. Firearms must be unloaded and in locked containers at all times when within 1,000 feet of a K-12 public or private school. Even after school hours , on holidays and on weekends.
http://CaliforniaRightToCarry.org